1 2025:CGHC:46041 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6414 of 2023 1 - Gautam Prasad Banjare S/o Late Shri Nanka Ram Banjare, Aged About 51 Years Working As Assistant Veterinary Field Officer (A.V.F.O.), At Veterinary Hospital Malkharoda, Block Malkharoda, District Sakti (Chhattisgarh) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Veterinary Services, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh) 2 - The Director, Directorate Of Veterinary Services, New Raipur District Raipur (Chhattisgarh) 3 - The Deputy Director, Veterinary Services, District Janjgir Champa (Chhattisgarh) 4 - Collector, District Sakti Chhattisgarh. 5 - The Nodal Officer, Veterinary Services, District Sakti (Chhattisgarh) 6 - The Veterinary Assistant Surgeon, Govt. Veterinary Hospital Malkharoda, District Sakti (Chhattisgarh) ... Respondent(s) For Petitioner(s) : Mr. Jeet Ram Patel, Advocate For Respondent(s) : Mr. Ajay Pandey, Government Advocate ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09.09.2025 1. Learned counsel appearing for the petitioner respectfully submits that the impugned order dated 16.08.2023 issued by Respondent No. 3 is unconstitutional, discriminatory, and without jurisdiction, as it disregards the binding direction of the Collector, Sakti, issued on 14.06.2023 to maintain status quo regarding the petitioner’s posting. The said order was passed without prior approval or recommendation from higher authorities, despite the matter being pending before Respondent No. 1. The non-compliance by Respondent No. 3 reflects administrative arbitrariness and personal bias, particularly when the petitioner’s service status remained unsettled since the transfer order dated 30.09.2022. Moreover, the petitioner’s wife is a government employee posted in Sakti, and as per established norms, both spouses should be posted nearby. The petitioner, belonging to the Scheduled Caste category, is also entitled to the protection under the GAD circular dated 12.06.2008, which prohibits repeated transfers of SC/ST employees on administrative grounds. 2. Learned counsel for the petitioner further avers that the period during which he was posted at the Veterinary Hospital, Malkhorada, from 16 June 2023 to 7 September 2023, must be 3 recognized as valid service time, as he duly attended and performed his duties throughout this period; the failure to count this interval adversely affects his service record and consequent benefits. Accordingly, the petitioner humbly seeks a direction compelling the respondent authorities to officially acknowledge and include this duration in his service tenure, and to permit him to submit a comprehensive representation, including all grievances as raised in this petition along with a copy thereof, which may be considered and decided by the appropriate authority within a time frame stipulated by this Court. 3. Learned State Counsel does not oppose the limited prayer made by learned Counsel for the petitioner. 4. In view of the above submissions made by learned Counsel for the petitioner, the present writ petition stands disposed of giving liberty to the petitioners to submit a representation raising all the grounds as raised in this petition before respondent authorities within ‘15 days’ from today and in the event of submission of the said representation, respondent authorities are directed to consider and decide the representation of the petitioners within ‘45 days’ thereof taking notes that the petitioner non-counting of service rendered at the Veterinary Hospital, Malkhorada for the period from 16 June 2023 to 7 September 2023, the petitioner was duly attending office and performing his duties and in accordance with the law and relevant rules/circulars. 4 5. With the aforesaid direction, the present writ petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Saxena